Local Rule RULE 9013-1: MOTION PRACTICE

RULE 9013-1. MOTION PRACTICE

(a) Notice and Opportunity for Hearing. Unless a hearing is required by the Bankruptcy Code or Bankruptcy Rules, a motion or other request for relief may include a notice and opportunity for hearing setting forth the time within which objections must be filed and noticed for hearing. If no timely objection and notice of hearing is filed, the Court may grant the relief requested without further notice or hearing.

(b) Motions Set for Hearing. As an alternative to subpart (a), a motion or other request for relief may be set for hearing pursuant to KYEB LBR 9014-1.

(c) Relief Without Notice and/or Hearing. Unless set forth below, a motion seeking action by the Court without notice and/or hearing must expressly state that the relief requested is sought without notice or hearing and provide the basis for that request. Matters which may be acted upon by the Court without notice or opportunity for hearing include:

(i) Motion to Reopen Case;

(ii) Motion to Change Hearing Locations (except in Chapter 11 cases);

(iii) Motion to Dismiss Duplicate Case;

(iv) Motion to Appear Pro Hac Vice;

(v) Motion to Continue Chapter 13 Confirmation Hearing;

(vi) Motion to Continue Meeting of Creditors;

(vii) Motion to Appoint Warning Order Attorney;

(viii) Motion to Pay Administrative Expenses less than $1,000.00 except Professional Fees and Expenses;

(ix) Motion to Disburse Unclaimed Funds;

(x) Motion to Defer Payment of Filing Fees;

(xi) Motion to Refund Fees;

(xii) Motions to Extend Time To Object to Discharge pursuant to FRBP 4004(b);

(xiii) Motion to Restrict Public Access pursuant to FRBP 9037;

(xiv) Debtor's Motion to Voluntarily Dismiss Chapter 12 or 13 Case pursuant to §§1208 (b) or 1307 (b);

(xv) Motion to Extend Time within which to file schedules or lists or to tender orders;

(xvi) Motion to Extend or Continue Trial/Deadlines;

(xvii) Motion to Pay into Registry;

(xviii) Debtors' Motion to Delay Entry of Discharge; and

(xix) Motion to Shorten Time, for Expedited or Emergency Hearing.

(d) Proposed Orders. A motion must include a proposed order tendered as an attachment as specified in the APM.